PENAL POPULISM IN INDIA: THE EXPANSION OF THE DEATH PENALTY AND THE RISE OF EXTRAJUDICIAL JUSTICE

AUTHOR – NEHA RAJESH, STUDENT AT NALSAR UNIVERSITY OF LAW, HYDERABAD.

BEST CITATION – NEHA RAJESH, PENAL POPULISM IN INDIA: THE EXPANSION OF THE DEATH PENALTY AND THE RISE OF EXTRAJUDICIAL JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 843-851, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the rise of penal populism in India, characterized by political efforts to respond to public fear of crime by imposing harsher punishments, often at odds with expert recommendations. Drawing on two case studies—(i) the expansion of the death penalty for sexual offences in the aftermath of the Nirbhaya and Kathua rape cases, and (ii) the rise of extrajudicial practices like bulldozer demolitions and police encounter killings in Uttar Pradesh—the paper illustrates how penal populism has influenced both substantive and procedural aspects of Indian criminal law. While public outrage, fuelled by media sensationalism, has led to the expansion of the death penalty, extrajudicial actions are justified as necessary for swift justice, bypassing established legal procedures. The paper argues that penal populism often undermines the integrity of the justice system by prioritizing public approval over expert-driven policy solutions. It calls for a renewed focus on public education and greater accessibility of legal knowledge to counter populist narratives and restore balance in penal policymaking.

Keywords: Penal populism; Death penalty; Nirbhaya case; Extrajudicial justice; Bulldozer demolitions; Police encounter killings.